VIKASH JAIN Vs. UNKNOWN

JUDGEMENT

(1.) The present application arises out of a letters of administration proceeding initiated by the petitioner before the Additional District Judge - 01, (East) Karkardooma Courts, Delhi, which was registered as Probate Case No. 51 of 2009, in respect of the registered Will of his deceased father late Tej Kumar Jain dated April 8, 2008. The estate of the deceased is comprised of two immovable properties in Delhi and one in Kolkata. The testator was ordinarily a resident of Delhi and expired there on July 22, 2009.

(2.) The Additional District Judge at Delhi, by his Judgment and Order dated December 4, 2015, granted letters of administration in respect of the Delhi properties. Vide Order dated June 11, 2014, the issue relating to the jurisdiction of the said court to adjudicate upon the matter qua the Kolkata property was decided as a preliminary issue. It was decided that the Delhi court did not have territorial jurisdiction to adjudicate qua the Kolkata property and the petition for letters of administration was directed to be returned to the petitioner qua the said property for filing the same in the court of competent jurisdiction.

(3.) The aforesaid proceeding was contested by respondent nos. 2, 4 and 5, respondent no. 3 and respondent no. 6 therein separately. Respondent no. 6 was added on its own prayer while the others, being heirs of the testator, were cited.